Expert: Jessica Bryan - 6/19/2009

Question
Hi, I'm selling my property and gave notice this would happen at lease signing 1 1/2 yrs ago. Now that it's in play I'm having a tough time with the tenant declining showings. There is nothing in the lease regarding this matter and he's been an excellent tenant thus far. I have this one appointment that is important to both me and the tenant. This potential buyer is willing to keep the tenant on and come close to my asking price. The tenant is steadfast on not agreeing to the appointment date and time due to a "date" with his girlfriend. I explained it would be 20 minutes of his time and he became very angry and loud. Then threatened me with contacting someone with the tenant-landlord department. What are my rights as a landlord on this matter.

Answer
Dear Bettyann;
I often get questions that are about, or have something to do with the signed contract.  It is difficult to advise about something I haven't read; that requires a legal review and is a legal matter. What I can tell you is if there is no wording about showing the property in the signed lease agreement (meaning there is nothing about the landlord being able to show the property to prospective buyers) then the tenant does not have to cooperate and you will be unable to do much about that.  If there is any question about your rights as the landlord, you should consult an attorney.  You might be able to get a third party to intercede on your behalf and assist you in nicely convincing the tenant to be cooperative and showing how this can be a good thing.  Offering some financial incentive is another way to get the tenant to cooperate if there is no legal basis for gaining access to show the property to Buyers and having to obtain the tenant's permission.  Perhaps reducing the rental cost for the time that the property is being shown will help to persuade the tenant to cooperate.

Good luck and best wishes,
Jessica Bryan